SAN DIEGO – A La Jolla company alleges its copyrighted images were used on the packaging of competing products.
Luminence LLC filed a complaint on March 26 in the U.S. District Court for the Southern District of California against the Eachbit Trade LLC, Starmerx LLC, Starmerx Technologies LLC and Haizheng Zhang alleging copyright infringement.
According to the complaint, the plaintiff sells fiber optic, light-up accessories under the Glowbys name. It alleges it created images of the products displayed on a model to support its business and registered them with the U.S. Copyright Office.
The plaintiff alleges that the defendants sell competing products with packaging featuring the plaintiff's photos without its authorization.
The plaintiff requests a trial by jury and seeks judgment against defendant for award of actual damages and profits, statutory damages, costs of action, attorneys’ fees, interest, and further relief as the court may deem just. It is represented by Matthew H. Capron of Capron Law Offices in Chula Vista.
U.S. District Court for the Southern District of California case number 3:18-cv-618